This Research Paper mainly revolves around the topic "The Principles of Police
Interrogation and The Human Rights". One of the most important organizations in
the Indian social system is the police force. A police officer is the most
appropriate person to approach in an emergency. According to police standards, a
police station is to be a vibrant institution that anyone can approach without
The regulation also assigns a significant task to the police, which is to
maintain law and order. There are no codified guidelines for police
interrogation, but there are several fundamental principles that the police must
follow when administering interrogation based on numerous international
The idea is that even if the police are carrying out an authorized
state action, they should not infringe on the person's essential human and
fundamental rights. These principles are designed to promote human rights and
fundamental freedoms, which can never be compromised, even when acting on behalf
of the state.
This paper aims to show the disparity between police interrogation
principles and human rights, as well as the consequences of this disparity and
how police violate a person's human rights while interrogating. This paper also
attempts to clarify the lawful and illegal methods of questioning a person.
Furthermore, the goal of this study is to make some recommendations for bridging
the gap between police interrogation concepts and human rights.
One of the most important social org. in India is the police force. A police
officer is the most appropriate person to approach in an emergency. All of these
authorities vested in the police force can sometimes be abused, resulting in
violations of basic human rights. Interrogation by the police and human rights
are intimately connected. Basic rights that are considered essential for an
individual's physical, mental, and spiritual development are referred to as
"Human Rights." They are fundamental principles of humanity, and every human
being enjoys these rights simply by virtue of being born human.
It was noticed in the 18th century that if the statement was rejected by the
magistrate, the guilty defendants were more likely to walk free, which should be
avoided at all costs. Since the beginning of the 19th century, when there was no
International Org, many people have died as a result of police brutality. While
international protections were established, police officers were obligated to
follow a specific method when interrogating inmates.1
The objectives behind this research are as follows:
- To find out the disparity b/w principles of police interrogation and
- To find out the different rights provided for arrested person against
- To find out the legal as well as illegal method of interrogation.
"The police authority's power to interrogate sometimes leads to abuse of that
power, resulting in violations of basic human rights."
The paper follows doctrinal research, which is theoretical in character and
entails a detailed analysis of legal principles as well as an assessment of
legal theory and how it is created and applied. Interpretation of case law,
legislation, and other legal docs is the focus of this methodology.
Harvard Bluebook � 20th Edition
There is no law in India that defines the term police. This term is not defined
in the CrPC
1973, the Police Act of 1881, or any other state statute. According to Black's
law dictionary, 'Police' refers to a govt. department tasked with maintaining
public order, public safety, and crime detection and control. To put it another
way, police are persons or groups of individuals who are given the authority by
the state to preserve law and order and thereby investigate and prevent crime.
The police investigation includes police interrogation. It refers to a police
officer's right to question the accused directly or indirectly when he is taken
into custody for a cognizable or
non-cognizable offence. During the course of the police interrogation, the
officers try a variety of techniques to elicit info from the accused that will
aid them in solving the case or leading them to the true criminal.
Human Rights are fundamental freedoms and rights that every person in the world
has from birth to death. They hold true regardless of where someone come from,
what we believe, or how we live our life. They can never be taken away from
anyone, yet they can be constrained at times. These FRs are founded on common
ideals such as dignity, fairness, equality, respect, and autonomy. These ideals
are legally defined and protected.
Techniques followed in Police Interrogation
There are different approaches, and the following is a list of the most popular
interrogation techniques: ✔ Misinformation Baiting: If the atechniques:%E2%9C%94
Misinformation Baiting: If the a
Principles of Police Interrogation and Human Rights
- Misinformation Baiting: If the arrested person maintains he had no knowledge of the crime, the police officer will describe him with inaccurate info about the incident.
- Good cop-Bad cop: When two police officers play the roles of good cop and bad cop, an illusion is established in the accused's mind. This gives the impression that the accused believes the 'good cop' will do the right thing.
- Goofing off: The cops try to persuade the accused that he is not to blame for the crime, and that if he cooperates with the police, he would be acquitted.
- Expression of acceptance: While interrogating, the police officer may make vocal or nonverbal efforts to make the arrested individual feel better and persuade him to open up.
- Separation from family: When a family is brought to the police station for questioning, all members of the family are separated. The cops then utilize the misinformation batting strategy to obtain info from each family member individually.
The police are a law enforcement org, and it is now their responsibility to
protect people's basic rights. However, the police frequently abuse their
authority and override the law.
While interrogating suspects, the police abuse their authority and violate the
civil and HRs of living people.There is no unique or precise concept of police
interrogation, however there are several underlying rules that the police must
follow when administering interrogation based on numerous international
conventions. The idea is that even if the police are performing an authorized
state action, they should not infringe on the person's essential HRs as well as
FR. These principles are designed to promote HRs and fundamental freedoms, which
can never be compromised, even when acting on behalf of the state. The Indian
Const, the CrPC, 1973, and the Indian Evidence Act, 1872 all protect the
fundamental principle of police interrogation with regard to HRs.
are some of the principles:
Interrogation: Legal and Illegal
- The accused who is being questioned by the police has the right to life and liberty. Under no circumstances can police personnel deprive the accused of these FR. It is protected by Art. 20 and 21 of the Indian Const.
- A person who has been subjected to interrogation cannot be deprived of his life arbitrarily, According to Art. 20 of the Indian Const. To continue with police interrogations, officers must have subjective contentment.
- The accused shall not be subjected to any inhuman punishment or torture during interrogation that breaches his fundamental or human rights.
- According to Art 14 of the Indian Const, everyone has the right to equality before the law and equal protection under the law, which no authority can take away from an accused exposed to interrogation.
- There are also basic criteria for the treatment of suspects in police custody, which include not torturing them and obeying the law's due process at all times.
- International Approach
- One of the UN charter's main goals is to promote and protect HRs and fundamental freedoms, which are also protected by the ICESCR and the ICCPR.
- Art. 3 of the UDHR: Art 3 of the UDHR states, "Everyone has the right to life, liberty, and security.
- Art 6(1) of the ICCPR: Every human person has an inherent right to life, Acc to Art 6(1) of the ICCPR. This right is guaranteed by law. No one's life should be taken away arbitrarily.
- Art 5 of the UDHR: No one shall be tortured or subjected to cruel, brutal, or degrading treatment or punishment, According to Art 5 of the UDHR.
- Art. 9 of UDHR: In determining his rights and obligations, everyone has the right to a fair and public hearing before an independent and impartial tribunal. No one shall be arbitrarily arrested, detained, or exiled. Everyone accused of a crime has the right to be believed innocent until proven guilty in a court of law.
- Art. 7 of the ICCPR: No one may be tortured or subjected to cruel, inhuman, or degrading treatment or punishment. The right to a fair trial and equality in the courtroom has also been guaranteed. There are also standard minimum rules for the treatment of prisoners, as well as a declaration on the protection of all people from torture and other forms of abuse.
The right of the police to investigate must be balanced against the public's
protection from pressured confessions. The boundary b/w legal and illegal
interrogation is incredibly small. The arrested person in India has been granted
both constitutional and HRs.
During interrogation, the arrested person has the right to meet with an attorney
to learn about all of his legal options. The person who has been arrested cannot
be treated by a police officer for more than 24 hours and must appear before a
magistrate within that time frame.If the authorities are unable to do so, they
must promptly release him from custody, and this would be deemed a case of
One of the illegal methods of police interrogation include custodial violence.
The concept of violation of human rights in India can be simply understood as
the violation of FR of an individual. In Indian law, there is no definition of
custodial violence. It refers to any sort of violence committed in detention
that is not justified by local legislation, whether legal or not. Custodial
violence refers to police abuse or detention. Illegal detention, false arrest,
use of the third degree on suspects based on insufficient evidence, depriving
them of sleep or food, coercion, and abuse of authority are all examples.
Judicial and police detention are described in Sec 167 of the CrPC, 1973. In
both types of custody, there is a high rate of violence. Sections 330, 331, and
348 of the IPC, as well as Secs 25 and 26 of the Indian Evidence Act, Sec 76 of
the CrPC, 1973, and Sec 29 of the Police Act, 1861, all prohibit police officers
from torturing suspects in order to extract confessions or prove guilt.
Nonetheless, Sections 25 and 26 of the Indian Evidence Act, 1872 expressly state
that any confessions given to police officers are inadmissible in court as
Kathi Kalu Ogad V. the State of Bombay
In this case, the court concluded that a person cannot be deemed to have been
forced "to be a witness" against himself if he is just required to have a
medical examination under Sec 53 of the CrPC, 1973.
Joginder Singh V. State of UP
The SC had established the following principles in this case
If an accused individual is arrested, he has the right to have at least one
friend, relative, or other person who is likely to be concerned about his
welfare informed of his arrest and where he is being kept. Art 21 and 22(1) of
the Indian Const, which must be strictly enforced, must be held to be the source
of these authority protections .
Munshi Singh Gautam V. the State of M.P
In this case, the Court focused on people's fraudulent accusations that police
tortured them while they were in detention. According to the court, such cases
must be thoroughly scrutinized to establish whether they are genuine or only a
scheme by the accused to receive benefits from them.
Rights Against Police Interrogation
When a person is subjected to police interrogation while in police custody, they
have certain rights. The following are some of them:
Right to be Silent:
An accused individual in India is presumed innocent until
his or her guilt is proven beyond a reasonable doubt in court. The police have
no legal authority to subject to illegal torture, and as a result, the accused
has the right to remain silent, which he cannot be forced to violate. Art 20
(3), which is identical to the Right to Remain Silent, protects individuals from
M.P. Sharma V. Satish Chandra
The SC ruled that a person whose name is mentioned in a FIR and an inquiry is
being undertaken into the charges has the right to keep silent, equivalent to
the right to remain silent under Art 20(3) of the Const.
Violation of Human Rights During Police Interrogation
- Right to Fair Investigation: The right to a fair investigation is
a fundamental HR that every citizen of India enjoys. This entitlement
applies to anyone who are interrogated not just in police custody, but also
Babubhai V. State of Gujarat (2010)
The SC ruled that impartial investigation is one of the constitutional rights
protected by Art 20 and 21 of the Const. It was also decided that speedy
investigation is an essential component of a speedy trial, and that the police
delaying the investigation process is a violation of the accused's fundamental
- A person being interrogated does not have to be put into police custody.
If possible, a conventional interrogation could be conducted. Only after the
authority has subjective satisfaction with the commission of the offence by
the individual in question is he or she interrogated in detention. On the
contrary, it would be a violation of an individual's FR to life.
- During the interrogation process, no one can be subjected to cruel
punishments or torture. Our constitutional rights and fundamental human
rights clearly condemn torture during interrogation because it violates a
person's right to dignity.
- Art 20 of our Const. contains protections for a person's rights during
and after arrest. An arrested person has the right to know the reasons for
his arrest so that he might file a complaint. The arresting authority is
required by Art 22 to offer the person a copy of the grounds and to allow
him to contact a lawyer.
Every human person is entitled to such rights in the regular course of life, as
the term human right implies. Food, housing, and clothing are all basic human
rights. In today's world, everyone's dignity and right to a peaceful and free
life are regarded fundamental human rights. And no one, not even the state, can
take away these rights.
However, we are all aware of the procedures utilized by the police during
interrogation of the accused. Every legislation prohibits these types of
activities, but we are also aware of the realities on the ground. Individuals'
human rights are violated when police utilize various forms of torture and
Extent of Police Atrocities
Due to a history of police brutality and torture over the last two decades, it
appears that the law keepers have become the law breakers. Increasing police
brutality and other repressive measures are examples of HRs violations.
- Police Atrocities in Emergency
A satyagrahi was arrested by the police during the Emergency in India, but no
charges were filed against him. For a few days, he was held in illegal
imprisonment and subjected to different forms of physical abuse, including
beatings and trampling on the bare body with heeled boots.
In Kerala, police brutality reached new heights when all detainees were stripped
down to their underpants and assaulted by a gang of ten to twelve constables.
While in detention, no food was supplied.
- Death in Police Custody
Deaths in police custody were all too regular after the 1970s. These deaths are
frequently the consequence of torture in order to extract info or teach a lesson
to the individual involved.
Throughout India, police brutality and torture have long been common. The police
deploy harsh forms of physical violence to extract confessions or intimidate
people. Torture is said to have occurred in police stations, while there have
also been reports of beatings in jails.
- Atrocities Against Women
In Tukaram Vs. State of Maharashtra,
the SC decided that the girl had no injuries on her person, indicating that she
did not resist and that the incident was a "peaceful affair." After the accused
were acquitted by the SC, there was a public outrage and protests.
The Mathura rape case occurred on March 26, 1972, in India, when in Mathura, a
young tribal girl, was raped by two police officers on the grounds of the Desai
Ganj Police Station in the Chandrapur district of Maharashtra.
The NCAT published "India: Annual Report on Torture 2019," which includes
statistics on deaths due by custodial torture, on the International Day in
Support of Torture Victims.
Acc to the statistics, there were about 1731 deaths, with 1606 deaths occurring
in judicial custody and 125 deaths occurring in police custody.
Out of the 125 people who died in police custody, 93 died as a result of the
torture, 24 died in mysterious circumstances (the police say 16 died of suicide,
7 died of disease, and 1 died of injuries), and the cause of the remaining 5
deaths is still unknown.
The hypothesis that ' The police authority's power to interrogate sometimes
leads to abuse of that power, resulting in violations of basic human rights' is
tested positive throughout the study.
- Govt. shall organize campaign spreading awareness among the people about
basic human rights.
- Higher authorities should conduct a thorough investigation to ensure
that police officers do not torture the apprehended person.
- Authorities must be free of corruption.
The Police Authority's major goal is to offer protection to ordinary citizens,
which necessitates a high level of efficiency, honesty, and professionalism.
Given the current situation, it is impossible to deny that our police forces
have failed to stand on the aforementioned traits on multiple occasions.
Police are arbitrarily exercising their authority, violating basic human rights
and even undermining our nation's constitutional ideals. During police
interrogation in criminal cases, the accused's constitutional and human rights,
which are granted for his protection while in police custody, are frequently
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- Kathi Kalu Ogad V. the State of Bombay, AIR 1961 SC 1808
- Joginder Singh V. State of UP, 1994 AIR 1349
- Munshi Singh Gautam V. the State of M.P, Appeal (crl.) 919 of 1999
- M.P. Sharma v. Satish Chandra, 1954 S.C.R. 1077
- Babubhai V. State of Gujarat, 12 SCC 254
- Tukaram Vs. State of Maharashtra, AIR 1979 SC 185